Tuesday, November 29, 2016

What Does It Mean to Love Someone?

It puzzles me sometimes... 


How do you say you love someone and deliberately choose to do something that you know, will hurt them, in the very next second?

How do you say you love someone and deliberately choose to put them through a night of pain and tears?

How do you say you love someone and deliberately choose to prolong whatever pain that they are going through?

.....................................


In relationships, we get to know a person.. their likes and dislikes.. their strengths and their fears, their past and their future goals..

But why do people deliberately choose to hurt someone who they claim to love, so very much? 
Why do people make the effort to make their way into a persons life and get to know all of their flaws, dislikes and fears, only to one day use it against them? To deliberately CHOOSE to do something they very clearly know, will break, that person's heart?

How can this be love..? How can they claim this to be love?

Why do you build something up only to break it all down, one day?

Why do you take the risk of creating a scar that is beyond repair?

What does it mean to love someone? Because to me, this is not... love.


Because love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres. Love never fails...




Monday, October 24, 2016

So what's next?

Hello World~!


Happy to say that I am now officially, an Advocate and Solicitor of the High Court of Malaya! After years of law school, I am finally a lawyer! =)

To be frank, I actually enjoyed my pupillage/ chambering. I really did. Maybe because it was all new to me. I was learning new things everyday be it as simple as binding bundles of documents, highlighting relevant portions of a judgment or even drafting pleadings... submissions..

All in all I would say that it was an experience that I would choose to have even if I had the choice not to. I learnt so much in just these past 9 months. It was really cool applying whatever that I learnt in law school to practice. So that was really cool, to actually draft affidavits which I read so much about or even experience trials.. to observe how the senior partners in my firm handled themselves during cross-examination and so forth. I got to appear before judges in different states for case managements.. went for a criminal watching brief.. volunteered for 14 days at a legal aid centre, providing legal information to those who needed to be empowered with their rights or access to help..saved lives by helping teenage girls find shelters for emergency abuse situations..

It was great exposure for sure and it made me realize towards the end of my pupillage, the kind of things I look for in a work place.. what i like, what i don't... I got to really understand myself better and confirm a few doubts that i've always had.. you know, clearing the 'what ifs'. I definitely had my late nights in the office, stuck behind bundles of documents.. moments where I really questioned my presence in the legal field.. but like I said above, overall, it was a good experience. =)

So what have I been up to since pupillage ended? RESTING, for sure. Managed to pack in a holiday or two during the past two months.. but seriously though... the people around me need to CHILL. One week after pupillage ended, so many people were asking me whether i've found another job, whether i'm going to start working again soon and all.. and you know what i realized?

I've never actually, really, just... taken a break.. whenever I was on school holidays or semester breaks, I would be working my butt off to earn that extra income.. since I was 15 years old. Same old story every single time I get a little time on my hands.. and the past 9 months was no walk in the park. In fact, we weren't entitled to take leaves and applying for a medical leave was a HUGE task.. so much so, you'd rather just go to work sick instead of having to go through the whole tedious process just to get the Bar Council's consent of your medical leave. So the first thing I wanted to do the minute pupillage ended was to catch up on some sleep and just... REST.

And this is the first time i've decided to make a conscious effort to just slow down... take a break... breathe a little.. and just take my time to decide what's next, where to next and etc. I don't want life to just pass by without me realizing what's going on.. I want to live, life. I don't want to just go through it. You know what I mean?

I would LOVE travelling the world right now with all this time on my hands. Unfortunately, the bank account isn't too fond of the idea. Haha. But hey, we make do with what we have, right? =) So no pouting.. no complaining.. but i'm just going to take one step at a time.. have little joys here and there.. wherever I can.. but as usual, most of my time has been taken up by people, mostly. Catching up.. especially since I'm not the kind to meet a whole bunch all at once.. I prefer meeting people one on one.. at a more personal level.. those are the ones where I usually feel that hey, that was a good catch up session =)

Other than just chilling, i've been able to earn a little, here and there from actually FUN, ad hoc jobs. Haha. Ahh.. if only I can end up doing something that I actually enjoy whilst earning a steady income.. that's the dream. *dreamy face* But yeah, as much as I want this break to go on for a longer period of time, thankfully, i've secured quite a few interviews in the time to come.. and I guess we'll see where life takes me next. =) But I'm choosing not to stress about it.. to just take one step at a time.. to really be sure, that THIS *whatever it may be* is definitely what I would like to do, next.

We'll see. =)
Till next time,

xoxo.!

Tuesday, October 18, 2016

Tips for a Hit & Run Accident

Great news! Today marks the conclusion of my hit and run incident which took place on 16 July 2016. =) Davin Wong requested for details that might help others who fell in a similar situation. So here it goes! Just a few tips and pointers if you find yourself in a hit and run situation where the driver refused to stop (hence, a hit and run case).


1.       ALWAYS record the No. Plate. Otherwise police probably won't take action for a hit and run case.

2.       Try to snap a picture of the car who hit you. This is VERY helpful to prove that the car was there and you're not making up some random story.

3.       Take pictures of the position of your car on the road, which lane, etc to show that you were in the right lane. Or better still, take a video as well to explain or record down the exact incident that just took place. This will help you remember every single detail especially the date and time this took place. This is also helpful to record down any other car no. plate that might have witnessed the accident. (potential witnesses!)

4.       Make a police report on the day itself, ASAP.

5.       You will probably meet witht the Sarjan right away if he is in. Explain your story carefully and with precise details. Use the pictures and videos to help you if you are having difficulty remembering or explaining the scene to the Sarjan. Show the Sarjan a picture of the car who hit you. This is helpful because there are apparently cases where no. plates are being used on stolen cars etc. With the picture and description of the car, the Sarjan will know which car to look out for if the other party comes to the station.

6.       Sarjan in charge will tell you that he will try to contact the other party. Take photographs of the damage with the officer in charge and if it is a weekday, you should be able to collect your police report and pictures/ sketch on the day itself.

7.       Constantly follow up with the Sarjan on the situation of the case.

8.       My Insurance requires me to send my car to a panel workshop within 7 days, otherwise you'll have to write a reason for delay. So i sent my car to the panel workshop for the damage to be assessed and told them that I wanted to claim the 3rd Party's insurance for the damages incurred.This is called "ODKFK" claim. If your claim is successful, your NCB will not be deducted. Documents you will need to provide to your insurance panel workshop:

-          Police report
-          Photocopy of Registration Card (both sides)
-          Photocopy of IC
-          Photocopy of Driving License
-          Photograph taken by the police of the damage
-          Sketch Plan by the Police
-          Police investigation outcome report (to state who is at fault)
-          Your insurance policy (photocopy)
-          3rd Party's police report (if he made a report)
-          Signed Statutory Declaration of the incident that took place

9.       You will have to fill up a form where there is a claim form for your loss of use and claims for the documents you had to pay for (police report, sketch plans, etc). This is where you statutory declaration will come in handy. Refer to point 11 below.

10.   The decision of the Sarjan for the outcome of investigation will usually only be ready after 14 days from the date of your report. As such, you will have to go back to the panel workshop to give them the decision as soon as you collect it from the police station. You need to follow up closely with the Sarjan on this. This decision is important to determine whether you can make an ODKFK claim. If the decision states that the other party is at fault or rather states that no decision can be made as the other party did not come to make a police report, you can make an ODKFK claim. But as long as you are considered at fault, you cannot make an ODKFK claim. Then it's up to you whether you still want to fix your car at the panel workshop. But your NCD will be deducted in such cases.

11.   Once you've submitted your claims (usually your panel workshop will do this for you) and if the claim is approved by your insurance to make an ODKFK claim, the 3rd party's insurance will probably request for a statutory declaration from you in order to decide whether your loss of use claim, etc will be approved by them. (learn from my mistake and submit this as early as your first visit to the panel workshop! This will speed up your claim process immensely!)

12.   In my recent case, after providing them with the statutory declaration, they approved the claim and sent me a cheque (today) for the claims made. But there will be some insurance who will make it so hard for you to claim for loss of use and costs incurred for the documents etc. by stating that "as their insured did not notify them of any accident, your claim is disputed and should you wish to pursue the matter, file a civil action" or something along those lines. In such cases (which happened to me before) I decided to just forego the claim because it was RM 100.

I am not sure if I missed out any steps, but that is pretty much the bulk of what you need to know if you find yourself in a similar situation as I was in. I was really blessed this time round to have had an extremely helpful Sarjan as well as a responsible 3rd Party Insurance. So everything worked out fairly alright.

If you have any questions, feel free to comment below and i'll try to answer them!


Till next time,


xoxo.!

Monday, July 25, 2016

Road Bullies | What you need to know about the Law

Hello everyone,

I can't believe that it's been that long since I've last blogged!
I am now at the tail end of my 9 months of chambering. So have I figured out if practice is for me? Well, i'll leave that story for another post.

Today, i'd like to share with you some of the research that i have done regarding the Road Transport Act  1987.

Why?

Unfortunately, I encountered a minor accident with this road bully a week ago. And you all know how road bullies infuriate me to the core. So what happened?

I'll try to make this as brief as possible. I was on Jalan Dato Abu Bakar 16/1 heading towards Jalan Kemajuan. Jalan Dato Abu Bakar 16/1 was split into 3 lanes. I was on the middle lane and this road bully was on the right lane. After the traffic light, only the left and middle lane is permitted to head straight whilst cars on the right lane is only allowed to turn right. So what happened after the traffic light turned green? Surprise surprise, he tried to cut into my lane. Sadly, this wasn't the first time i was encountering such drivers on the road. Usually i'd just let them cut in and just let them go. But this time, i was already ahead of him, and yet, he tried to push me to the left lane and forced his way unto my lane. I honked him as i couldn't go to the left lane as there were other cars there but he kept on trying to force me out of my RIGHTFUL lane and kept coming closer! So i had to almost come to a stop whilst still sounding my honk but he still insisted on forcing his way unto the lane i was on! He saw me (because he was right beside my car but i was ahead of him) and exchanged glares but guess what he did when he couldn't get his way?

He literally bang the back right side of my car (passenger door)! How dare he! I put on my emergency lights and was ready to get out of my car. Surprise surprise, he reversed, tried to make his way from the right side of the road all the way to the left side, causing other vehicles to honk him and to come to a stop, passed by my car, stared at me as though i did something wrong and then drove off!

How to not get exasperated by people like this you tell me? Gah!

So anyways, I was told by the Investigating Officer on my case that in the event this road bully refuses to co-operate or to make a report within 24 hours, there's nothing he can do and the only remedy i'd have against this guy is to claim his insurance for the damages to my car which would cause his NCB to be deducted (not the most ideal remedy if you ask me). He told me that he cannot even issue him a fine because the owner of the car might not be the person who was driving the car at that point in time.

And before i carry on, I must make this clear to everyone reading this that the damage to my car IS NOT THAT BAD. In fact, it's a pretty minor damage. HOWEVER, i must make it clear to you that the main reason why I am pursuing this claim is because i just cannot tolerate such behaviors! I can't stand people who do something wrong, not only deliberately choose not to own up to it but worse still, try to make the victim feel bad and try to make us feel as though we did something wrong.

So yes. It's NOT about the damage. It's about my hope to make them road bullies realize that they cannot just do whatever they want and get away without any consequences.


So is it true? Is it true that the IO cannot even issue him a fine should he refuse to assist in this investigation?

NOT TRUE!

DUTY TO STOP IN CASE OF ACCIDENTS

s.52 of the Road Transport Act 1987 (RTA) requires the driver to STOP whenever an accident occurs. And if required, they are suppose to give his name and addresss and also the name and address of the owner and the registration number of the motor vehicle. And that's not all!

It is MANDATORY for him to make a report at the nearest police station within 24 hours! He SHALL provide his driving licence and SHALL render assistance to the police. Failure to do any of the above would render him GUILTY OF AN OFFENCE.

As there were no specific penalties provided under s.52, s.119 of the RTA provides that he could be fine RM 2,000.00 ! TWO THOUSAND RINGGIT. That's right. Or to imprisonment for a term not exceeding 6 months.

Didn't know you had a duty to stop whenever an accident occurs huh? Always saw that as a common courtesy? Well now we know that it is actually your duty under the law to stop whenever an accident happens. Otherwise you could be guilty of an offence!


POWERS OF ROAD TRANSPORT OFFICERS IN INVESTIGATION

Under s.114 of the RTA, the investigating officer has the power to require information whether in writing or orally from any person supposed to be acquainted with the facts of the case under investigation. So, if this road bully refuses to comply with furnishing any required information by the police, he SHALL BE GUILTY OF AN OFFENCE and be liable to a fine not exceeding RM 5,000.00 or to imprisonment for a term not exceeding one year or BOTH!

FIVE THOUSAND RINGGIT for not furnishing information that was requested from the police. Five thousand or risk going to jail for a year! (or less)


WHAT IF THE OWNER IS NOT THE DRIVER a.k.a ROAD BULLY?


s.115 of the RTA provides that the owner of the car SHALL give the information required by the police as to the identity and address of the person who was driving the car at the time the accident happened. If the owner fails to do so within 7 days, he shall be guilty of an offence unless he proves that he did not know and could not with reasonable diligence have ascertained the information required. This offence, if committed, by virtue of s.119, he could be liable to a fine of RM 2,000 or imprisonment for a term not exceeding 6 months.

So the fact that the IO told me that he cannot issue the owner of the car a fine as he might not have been the driver is NOT TRUE. In fact, s.115A of the RTA provides that if the owner of the car fails to provide details of the identity of the driver or his address, the owner shall be DEEMED the driver at the time the accident happened. This means that the owner will be treated as though he was the person driving the car when the accident happened even though he denies it! So if you don't wanna be deemed the driver then co-operate and furnish the identity and address of the driver at that time.


POWER TO ORDER PRODUCTION OF MOTOR VEHICLE AND LICENCE

And last but not least, the police has the power to order the registered owner to produce the car or licence of the car, otherwise, he shall be guilty of an offence. By virtue of s.119, he could be liable to a fine of RM 2,000.00 or to imprisonment for a term not exceeding 6 months.


So is it true that the IO cannot even issue him a fine should he refuse to co-operate?
NOT TRUE!

By not stopping; by not making a report within 24 hours; by refusing to render his assistance to the investigating officer; by not providing information requested by the police; this, in itself would already render him liable to a fine of at least RM 2,000.00 and if not RM 5,000.00. He could even be liable to go to jail if he refused to comply.

And FYI, when you encounter such road bully cases and this guy is a difficult one who doesn't want to co-operate, some insurance would reject your claim for loss of use, the costs to you incurred for police report and documentation etc. They would reject it on the basis that the road bully (their insured) did not inform them of this accident.

FYI, under s.104 of the RTA, the road bully is under a duty to NOTIFY HIS INSURANCE as soon as possible after the accident.

And just in case you were wondering which provision provides that people on the far right lane is only permitted to turn right, refer to Rule 8 of the ROAD TRAFFIC RULES 1959.

Rule 8(1) provides that at an intersection where the road is marked into 3 traffic lanes, the nearside lane shall only be used by vehicles turning left, the centre lane shall be used only by vehicles travelling straight ahead and the offside lane shall be used only by vehicles turning right.

So there you have it, just some knowledge and information about the RTA which I have come to know after doing some research on this. Because there was no way the Malaysian Law was that lopsided when it came to such road accident cases.

Now all that's left? Enforcement. The hardest part. The Law is there. Now, will it be enforced?


We shall see.



Till next time.
xoxo.!